HARSH RAJ CHADHA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal miscellaneous application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet filed against the applicants under Sections 420 and 120-B of I.P.C. and also the order dated 10.01.2014 passed by learned Chief Judicial Magistrate, Dehradun, whereby cognizance was taken against the applicants and they were summoned to face trial.

(2.) Mr. S.P.S. Panwar, learned Senior Advocate, appearing for the applicants, informed the Court that applicant No. 1 has died during pendency of this application. In such circumstances, this criminal miscellaneous application is abated qua applicant No. 1 - Harsh Raj Chadha.

(3.) Brief facts of the case shorn of unnecessary details are as follows. Applicant No. 2 (Smt. Dr. Kiran Chadha) is wife of applicant No. 1. They jointly purchased 40.43 acres of land situate in Village Misras Patti, Tehsil Vikas Nagar, District Dehradun from Gursarinder Singh Sidhu and Zora Singh (respondent no.2 herein) by a registered sale deed dated 21.10.2005. On the same day, i.e. 21.10.2005, Zora Singh (respondent No. 2) executed another sale deed in respect of 35.93 acres of land in favour of both the applicants, as power of attorney holder of Sohan Singh, Daljeet Singh and Jagjeet Singh. Schedule of the property given in both the sale deeds indicates that the land purchased by the applicants was spread over various Khasra numbers, including Khasra No. 2034/1M. In both the sale deeds, there is a recital that the sellers are the exclusive owners in beneficial enjoyment of their respective shares in the property and further that the sellers have delivered vacant possession of the property to the purchasers, who shall hold and enjoy the purchased property without any interruption or disturbance by the seller or any other person claiming through or under them.